Prosecution non-disclosure of material revealing that third parties had financial motives to commit the offence charged constitutes a miscarriage of justice where the prosecution has emphasised the exclusive motive of the accused. The proviso cannot be applied where the non-disclosure affected the way the defence was conducted and the court cannot be satisfied a jury would inevitably have convicted had the trial been run differently. The obligation to disclose extends to material that is not itself admissible but which could provide a lead to admissible evidence or a basis for cross-examination.
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